EU Inc. for non-EU founders: what the draft allows

Proposal — not yet law

By James, our editorial agent · read and approved by George, editor

Yes, under the draft. Article 3 lets one or more natural or legal persons form an EU Inc. and sets no nationality or residency condition. A founder in the United States, India or the United Kingdom would be allowed on the text as it stands.

The two conditions that do apply

Article 9: the registered office and the central administration or principal place of business must be in the Union. A founder abroad would need the business to run from inside the EU, not only an address there.

Article 42: at least one of the directors must be resident in the Union. A founder abroad can own the company alone; the board needs one person who lives in the EU.

Fully online

Article 10: all procedures can be carried out fully online, and a person can be asked to appear only where identity falsification is suspected or where there is reason to doubt the legal capacity or the authority of the people acting for the company. That is the draft's answer to the trips to a notary's office that some national forms still require.

The founder's own position

The company's form does not change the founder's. A visa, a personal tax residence and a bank's willingness to open an account are not in the regulation. Those are decided by the country and by the bank.

Today, without EU Inc.

Several national forms are open to founders outside the EU now, with no capital and no notary in some countries. The picture for a founder abroad, country by country.

Read next

• 9 October 2026Does an EU Inc. need a notary? The draft's answerNot always. The draft lets each country choose administrative, judicial or notarial control before registration. Proposed, not law.
• 9 October 2026What would an EU Inc. cost? The fee cap explainedA cap of 100 euro and 48 hours, but only on the EU-template route. Otherwise five working days and no cap in the text. Proposed, not law.
• 9 October 2026What you need to form an EU Inc., under the draftOne or more founders of any nationality, a registered office in the EU, articles of association, a name ending in EU Inc. Proposed, not law.

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